Historical Origins of Employer Liability for the Acts of the Employee: from Dominica Potestas to the employment contract

Abstract

In Roman Law, the pater familias was held accountable for damages caused by his slaves under the principle of dominica potestas. Later, the locatio conductio operarum emerged as a precursor of the employment contract, where free workers submitted to the authority of the contractor. During the Middle Ages, feudalism and guilds shaped new forms of labor subordination, while liberalism and industrialization framed work as a contract for services, which eventually led to the creation of an autonomous Labor Law. This paper examines the historical evolution of employer liability for employee acts. In Chile, the Civil Code establishes liability for acts of dependents in the Articles 2320 and 2322. Labor Code requires employers to compensate for damage caused by workers in the course of their duties. The conclusion remains: despite changing contexts, the underlying principle endures those who direct and benefit from another’s labor must also bear the consequences of their actions.